Terms of Use
Terms of Use 10.07.11 for Cloud Law
1. Acceptance of Terms of Use and Amendments.
Your use of this web site constitutes your agreement to be bound by these Terms of Use and our License and Disclaimer (available at our website and distributed with our software), as amended from time to time with or without notice to you. Our License and Disclaimer is incorporated into this document as if fully set forth hereat.
2. Sales of Digital Goods or Services.
Please take notice that because of the nature of intellectual property, we will give NO REFUNDS whatsoever for any and all sales of digital goods or services made by and/or through us, our affiliates, and/or assigns.
3. Our Service.
Our web site and services are provided to you on an "AS IS" basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
4. Your Responsibilities and Registration Obligations.
In order to use this web site, you must register on our site, agree to provide truthful information when requested, and be at least the age of eighteen (18) or older. By registering, you explicitly agree to our Terms of Use as may be modified by us from time to time and available here.
5. Privacy Policy.
Registration data and other personally identifiable information that we may collect will only be used for lawful purposes.
6. Registration and Password.
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
7. Your Conduct.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video and/or any and all other materials of any kind and/or nature ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
You explicitly agree in using this web site, or any services or goods furnished herein or herethrough, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine,
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
8. Submission of Content on this Web Site.
By providing any Content to our web site:
(a) you grant to us, our affiliates and assigns, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license (including but not limited to any moral rights and/or any and all other rights of any kind and or nature, whether now known, or in the future created) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, sell, synchronize, license (including but not limited to licensing audio-visual synchronization rights), and to create derivative works and compilations of said Content, in whole or in part, whether for commercial and/or any and all other uses of any kind and nature for any and all purposes whatsoever, free from any further consideration to you, it being specifically agreed and understood that, including without limitation, the use of this web site was good and valuable consideration for your obligations, covenants, and agreements made hereunder. The licenses referred to in these Terms of Use apply to any form of media and/or technology now known or later developed, including, without limitation, any means of conveying information, the internet, digital files, downloadable files, compact disc ("CD"), digital video disc ("DVD"), minidisc or other portable media, television, film, movies, broadband, and/or radio;
(b) you hereby grant us, our affiliates and assigns, a nonexclusive, irrevocable, worldwide, royalty-free, perpetual license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the Content;
(c) you warrant and represent that you have all legal, moral, and any and all other rights that may be necessary to grant us with the licenses set forth herein; and,
(d) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
9. Third Party Services.
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties. We do not sponsor or endorse the goods or services contained in this site or accessible herethrough.
10. Indemnification.
You agree to defend, indemnify, save and hold us, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, co-branders, and assigns harmless from any claim(s) or demand(s), including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of these Terms of Use or any other violation of the rights of another person or party.
11. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES, PRODUCTS (INCLUDING OUR SOFTWARE) OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY KIND OR QUALITY, NOR THAT ANY PRODUCY OR CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
12. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
13. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary rights that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
14. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, please notify our copyright agent immediately. Our Designated Agent Under 17 U.S.C. 512(c)(2) to Receive Notification of Claimed Copyright Infringement and Registered Agent to Accept Service of Process is:
Elliot Zimmerman, P.A.
8900 S Lake Dasha Drive
Plantation, FL 33324
(954) 476-6667
Legal@CyberLaw.Info
15. Applicable Law.
You agree that these Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with the local laws of Broward County, Florida, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of Broward County, Florida, and further agree that any and all, including but not limited to, dealings, transactions, communications, and/or agreements between us have taken and/or take place in Broward County, Florida.
16. Miscellaneous Information.
(i) In the event that these Terms of Use conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be adjusted to conform to the applicable law, interpreted to reflect the original intentions of the parties in accordance with said applicable law, and the remainder of these Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under these Terms of Use shall not be considered a waiver of that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim(s) or cause(s) arising out of this web site and/or its products and/or services must be filed within one (1) year after such claim(s) or cause(s) arose or the claim(s) shall be forever barred; (iv) We may assign any and/or all our rights and obligations under these Terms of Use and we shall be relieved of any further obligation; however, you may not assign any rights or obligations hereunder; (v) These Terms of Use constitute our entire understanding; (vi) Any and all, including but not limited to prior discussions, representations, and deals, are merged herein; (vii) We shall not be bound by any and all modifications you make hereto unless in writing and signed by us; (viii) We shall be entitled to a reasonable attorney(s) fee(s) in the event any dispute arises between us regarding these Terms of Use, but you shall not be entitled to any attorney(s) fee(s) whatsoever; (ix) Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions contained herein; (x) Wherever used herein, the singular shall include the plural, the plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires; (xi) The parties agree there shall be no rule, law and/or presumption applied to these Terms of Use requiring construction of any and all ambiguities that may be contained herein against us; and, (xii) You agree that by using and/or registering at this website, you have digitally signed and agreed to these Terms of Use.
